MoEF proposes new watchdog, activists see bid to stifle NGT

A new adjudicating authority has been proposed to determine the extent of environmental damage to be caused by any project, adding another step to the lengthy green clearance chain.Clara Lewis | TNN | Updated: November 03, 2015, 08:58 IST

The MoEF plans to amend the Environment Protection Act, 1986 (EPA), and the National Green Tribunal Act, 2010, "with the objective of providing for an effective deterrent penal provisions and introducing the concept of monetary penalty for violations and conventions".

The AA will determine whether the damage is minor, non-substantial or substantial and decide on a monetary penalty. The draft Bill is not clear on what basis the distinction can be made. Its decision can be challenged before the NGT.

"Section 15 of the NGT Act is wide enough to grant relief to victims of pollution as also restitution of the property damaged and restitution of environment of such area. So where is the need for a new authority to decide on environmental damage?'' asked advocate Godfrey Pimenta who has filed many appeals before the NGT, western bench.

"The numerous judgments of the NGT which are pro-environment have become a stumbling block for the so-called development agenda of the central government,'' said Pimenta.

Among other complaints against AA is the fact that it is introducing legal fretwork into the system, making it difficult for activists and aggrieved communities to approach the NGT against any project.

Today any person, following an anti-environment decision, can within six months move the NGT, explained Pimenta. The NGT can penalize, as well as order status quo and restoration of damaged environment. Its decision can be challenged only before the Supreme Court, he said.

The AA can only penalise. Its decision can be challenged by a polluter before the NGT, but if the polluting industry refuses to pay up, the state, Centre or the affected community has to file a complaint under section 19 of the EPA before a magistrate after giving a 60-day notice. The affected communities have to approach a district court and move the hierarchy of courts to enforce the AA order, said Ritwik Dutta, of the Lawyers' Initiative for Forest and Environment.

Further, proceedings before a magistrate will have to follow the Criminal Procedure Code while the NGT works on the principle of natural justice.

D Stalin of NGO Vanashakti called it an attempt to thwart the NGT. "The established principle of law in environment matters is to act to prevent damage, not to quantify it later. The precautionary principle applies in matters of environment. This is lost on Mr (Prakash) Javadekar (environment minister),'' he said.